R. LAKSHMI AND OTHER Vs. N. SARASWATHI

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the fair and final order dated 08.01.2018 passed in I.A.No.307 of 2017 in O.S.No.854 of 2013 pending on the file of the learned Principal Subordinate Judge, Coimbatore.

(2.) According to the petitioners, the respondent filed a suit in O.S.No.854 of 2013 on the file of the learned Principal Subordinate Judge, Coimbatore against the petitioners seeking to direct the defendants to pay a sum of Rs. 5,42,575/- with interest at the rate of 12% per annum. In the aforesaid suit, the petitioners filed a written statement. Subsequently, the petitioners filed an application in I.A.No.307 of 2017 under Order 26, Rule 10A and 10B and section 151 of CPC r/w section 45 of the Indian Evidence Act, 1872 to appoint an Advocate Commissioner to send the petition mentioned documents to the Director, Forensic Science Laboratory, Mylapore, Chennai to verify and compare the signature of 'Devaraj' and the thumb impression of 'Lakshmi' found in document No.1 namely, Ex.P.1 and to compare the same with that of the signature, 'Devaraj' and the thumb impressions of 'Lakshmi' found in document Nos.2 and 3 namely, Ex.D.1 and D.2 to issue suitable directions to the departments to verify and compare and the said application was dismissed on 08.01.2018.

(3.) The learned counsel for the petitioners/defendants submitted that the respondent/plaintiff denied Ex.A.1, pro-note allegedly executed by the petitioners as it is forged and fabricated by the respondent. Therefore, the petitioners filed the present application before the Court below with the aforesaid prayer. The Court below, without considering the facts and circumstances of the case, erroneously dismissed the application. Hence, the impugned order passed by the Court below is liable to be set aside.